January 9, 2023
If you are reading this blog, you probably know already that the US Supreme Court agreed to hear a case on whether a communication involving both legal and non-legal advice is protected by the attorney–client privilege if obtaining or providing legal advice was one of the significant purposes behind the communication. The case is called In re Grand Jury, and the oral argument is today!
Here are a few links with commentary. I will continue to update the list as more commentary is published after the oral argument.
UPDATE (1-13-2023): Here are a few more links to stories that discuss the case:
Justices debate test for attorney-client privilege when lawyer’s advice has multiple purposes
ABA Law Journal: "Law firm's more protective test for attorney-client privilege 'is a big ask,' Kagan says"
The National Law Review: "The Scope of Attorney-Client Privilege Over Dual-Purpose Communications"
The National Law Review: "U.S. Supreme Court Is Asked to Adopt the ‘Significant Purpose’ Test to Permit the Withholding of Dual-Purpose Communications as Subject to the Attorney-Client Privilege"
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